Question

Be sure that you focus on the elements of a cause of action under the statute provided.

Exercise 3-G Writing and Analysis in Law

A mental health patient killed his stepfather. The executor of the stepfather's estate sued the patient's psychiatrist and social worker alleging their negligence in not warning the stepfather of the patient's dangerous propensities. The patient had a long history of mental health problems and had been hospitalized several times. His former girlfriend had gotten an abuse prevention order against him after he threatened to stab her. The patient violated the order and spent time in jail. He was also later hospitalized, and the staff took a knife from him. He was seen by the psychiatrist and social worker during that time and after he was discharged.

The state's statute provides "A licensed mental health professional does not owe a duty to take reasonable precautions to warn or in any way protect a potential victim of the professional's patient unless the patient has a history of physical violence that is known to the mental health professional and the professional has a reasonable basis to believe that the patient imposes a clear and present danger that he will attempt to kill a reasonably identified victim and fails to take reasonable precautions."

1.What are the elements of his cause of action?

2.Under the plain meaning of the statute, must the patient's history of violence be connected with the victim?

3.Does the statutory language support the argument that the professional must investigate fully for information about the patient and the victim?

The case study provided tests on aspects of the law and the mental status of individuals committing crimes. The case study requires that one mentions elements of tort in law such as negligence and duty.